Caution significant statements and silences

Question 1

What are the 3 types of caution

Answer 1

• When caution
• Cation +2
• Now caution

Question 2

Quote the When statement

Answer 2

‘You do not have to say anything. But it may harm your defence if you do not mention, WHEN questioned, something which you later rely on in court. Anything you do say may be given in evidence’

Question 3

When must a WHEN caution be given? (2 things)

Answer 3

• When a police officer questions a person regarding their suspected involvment in a criminal offence
• When a person is arrested

Question 4

What must you do when a suspect replies to a WHEN cuation

Answer 4

Reply to caution must be noted in PNB (direct speech)

Question 5

When is the WHEN caution used when suspect is taken back to police station

Answer 5

before the start of an interview

Question 6

When must you use the +2 caution

Answer 6

If the person is not under arrest

Question 7

What must be informed in the +2 caution

Answer 7

1) They are not under arrest

2) They are free to leave

Question 8

Quote the NOW statement

Answer 8

‘You do not have to say anything. But it may harm your defence if you do not mention NOW something which you later rely on in court. Anything you do say may be given in evidence’

Question 9

What is the NOW caution

Answer 9

The last chance for the defendant to have anything recorded about the offence

Question 10

When could a NOW caution be used

Answer 10

At the end of the process of reporting a person for an offence

Question 11

What happens if the NOW caution is not used at appropriate times

Answer 11

Court cannot draw its own conclusions

Question 12

Quote a restricted caution

Answer 12

‘You do not have to say anything but anything you do say may be given in evidence’

Question 13

What are possible reasons a detained person could be further interview after being charged

Answer 13

• To prevent or minimise harm or loss to some other person/public
• To clear up ambiguity in previous answer or statement
• In the interests of justice, allow the defendant to comment upon new information which has come to light post charge

Question 14

When is restricted caution used

Answer 14

If a further interview takes place after a detained person has been charged

Question 15

What are ‘relevant comments’

Answer 15

An unsolicited comment made by a suspect which isnt a ‘significant statement’ but may nethertheless be relevent to the offence

Question 16

What is significant silence

Answer 16

A failure or refusal to answer a question, or answer satisfactorily when under caution